25 U.S.C. § 309 — Vocational training program; eligibility;

Page 70 TITLE 25—INDIANS § 305f Subsec. (d). Pub. L. 111–211, § 102(b)(6), added subsec. (d) and struck out former subsec. (d) relating to persons who may initiate civil actions. Pub. L. 111–211, § 102(b)(1), (2), redesignated subsec. (c) as (d) and struck out former subsec. (d) relating to defi- nitions. Subsec. (e). Pub. L. 111–211, § 102(b)(7), inserted head- ing and substituted ‘‘If’’ for ‘‘In the event that’’. 2000—Subsec. (a). Pub. L. 106–497, § 2(1), inserted ‘‘, directly or indirectly,’’ after ‘‘against a person who’’ in introductory provisions and inserted at end ‘‘For purposes of paragraph (2)(A), damages shall include any and all gross profits accrued by the defendant as a re- sult of the activities found to violate this subsection.’’ Subsec. (c)(1)(C). Pub. L. 106–497, § 2(2)(A), added sub- par. (C). Subsec. (c)(2)(A). Pub. L. 106–497, § 2(2)(B), designated existing text as cl. (i) and added cl. (ii). Subsec. (d)(2). Pub. L. 106–497, § 2(3), inserted ‘‘subject to subsection (f) of this section,’’ before ‘‘the terms’’. Subsec. (f). Pub. L. 106–497, § 2(4), added subsec. (f). Statutory Notes and Related Subsidiaries CERTIFICATION OF INDIAN ARTISANS Pub. L. 101–644, title I, § 107, Nov. 29, 1990, 104 Stat. 4665, provided that: ‘‘For the purposes of section 1159 of title 18, United States Code, and section 6 of the Act entitled ‘An Act to promote the development of Indian arts and crafts and to create a board to assist therein, and for other purposes’ (25 U.S.C. 305 et seq.) [25 U.S.C. 305e] an Indian tribe may not impose a fee in certifying an individual as an Indian artisan. For the purposes of this section, the term ‘Indian tribe’ has the same mean- ing given such term in section 1159(c)(3) of title 18, United States Code.’’ § 305f. Indian Arts and Crafts Board art collec- tion (a) Transfer of art collection and costs Notwithstanding any other provision of law, the Secretary of the Interior is directed to transfer all right, title and interest in that por- tion of the Indian Arts and Crafts Board art col- lection maintained permanently by the Indian Arts and Crafts Board in Washington, District of Columbia, to the Secretary of the Smithsonian Institution to be a part of the collection of the National Museum of the American Indian, sub- ject to subsection (b). Transfer of the collection and costs thereof shall be carried out in accord- ance with terms, conditions, and standards mu- tually agreed upon by the Secretary of the Inte- rior and the Secretary of the Smithsonian Insti- tution. (b) Retention of permanent license to use of im- ages The Indian Arts and Crafts Board shall retain a permanent license to the use of images of the collection for promotional, economic develop- ment, educational and related nonprofit pur- poses. The Indian Arts and Crafts Board shall not be required to pay any royalty or fee for such license. (Aug. 27, 1935, ch. 748, § 7, as added Pub. L. 105–277, div. A, § 101(e) [title III, § 356(a)], Oct. 21, 1998, 112 Stat. 2681–231, 2681–304.) § 306. Expenditures for encouragement of indus- try and self-support; repayment On and after May 9, 1938, the expenditures for the purpose of encouraging industry and self- support among the Indians and to aid them in the culture of fruits, grains, and other crops shall be under conditions to be prescribed by the Secretary of the Interior for repayment to the United States on or before the expiration of five years, except in the case of loans on irrigable lands for permanent improvement of said lands, in which the period for repayment may run for not exceeding twenty years, in the discretion of the Secretary of the Interior. (May 9, 1938, ch. 187, § 1, 52 Stat. 302.) § 306a. Advances for support of old, disabled, or indigent allottees; lien against land On and after May 9, 1938, the Secretary of the Interior is authorized, in his discretion and under such rules and regulations as he may pre- scribe, to make advances to old, disabled, or in- digent Indian allottees, for their support, to re- main a charge and lien against their land until paid; such advances for the fiscal year 1939 to be made from the appropriations in this paragraph and those for fiscal years thereafter to be made from appropriations specifically available for such purposes. (May 9, 1938, ch. 187, § 1, 52 Stat. 302.) Editorial Notes REFERENCES IN TEXT This paragraph, referred to in text, means the first undesignated paragraph contained at 52 Stat. 302, and the appropriations for advances for the fiscal year 1939, referred to in text, were contained in such part of the undesignated paragraph which was not classified to the Code. §§ 307, 308. Omitted Editorial Notes CODIFICATION Section 307, acts Mar. 17, 1949, ch. 22, § 1, 63 Stat. 14; June 30, 1949, ch. 288, title I, § 105, 63 Stat. 381, directed Administrator of General Services to transfer to Sec- retary of the Interior property known as Bushnell Gen- eral Hospital, Brigham City, Utah, for use of Bureau of Indian Affairs as a vocational school for children and housing and training center for adults. Pub. L. 98–401, Aug. 27, 1984, 98 Stat. 1477, provided that when the Sec- retary ceases to use the property for school purposes, he shall publish the legal description of the property in the Federal Register and convey the property without consideration to Brigham City, Utah. The property was conveyed and notice was published in 50 F.R. 1636, Jan. 11, 1985. Section 308, act Mar. 17, 1949, ch. 22, § 2, 63 Stat. 14, di- rected Secretary of the Interior to take over the prop- erty as soon as Congress appropriated funds for alter- ations, maintenance, and operation. § 309. Vocational training program; eligibility; contracts or agreements In order to help adult Indians who reside on or near Indian reservations to obtain reasonable and satisfactory employment, the Secretary of the Interior is authorized to undertake a pro- gram of vocational training that provides for vo- cational counseling or guidance, institutional training in any recognized vocation or trade, ap- prenticeship, and on the job training, for periods that do not exceed twenty-four months, and, for Page 71 TITLE 25—INDIANS § 310 nurses’ training, for periods that do not exceed thirty-six months, transportation to the place of training, and subsistence during the course of training. The program shall be available pri- marily to Indians who are not less than eighteen and not more than thirty-five years of age and who reside on or near an Indian reservation, and the program shall be conducted under such rules and regulations as the Secretary may prescribe. For the purposes of this program the Secretary is authorized to enter into contracts or agree- ments with any Federal, State, or local govern- mental agency, or with any private school which has a recognized reputation in the field of voca- tional education and has successfully obtained employment for its graduates in their respective fields of training, or with any corporation or as- sociation which has an existing apprenticeship or on-the-job training program which is recog- nized by industry and labor as leading to skilled employment, or with any school of nursing of- fering a three-year course of study leading to a diploma in nursing which is accredited by a rec- ognized body or bodies approved for such pur- pose by the Secretary. (Aug. 3, 1956, ch. 930, § 1, 70 Stat. 986; Pub. L. 88–230, § 1(a), Dec. 23, 1963, 77 Stat. 471.) Editorial Notes AMENDMENTS 1963—Pub. L. 88–230 authorized Secretary of the Inte- rior to undertake a program for nurses’ training for pe- riods not exceeding 36 months and to enter into con- tracts with accredited schools of nursing offering a 3- year course of study leading to a diploma in nursing. § 309a. Authorization of appropriations There is authorized to be appropriated for the purposes of sections 309 and 309a of this title the sum of $25,000,000 for each fiscal year, and not to exceed $1,500,000 of such sum shall be available for administrative purposes. (Aug. 3, 1956, ch. 930, § 2, 70 Stat. 986; Pub. L. 87–273, Sept. 22, 1961, 75 Stat. 571; Pub. L. 88–230, § 1(b), Dec. 23, 1963, 77 Stat. 471; Pub. L. 89–14, Apr. 22, 1965, 79 Stat. 74; Pub. L. 90–252, Feb. 3, 1968, 82 Stat. 4.) Editorial Notes AMENDMENTS 1968—Pub. L. 90–252 increased appropriation from $15,000,000 to $25,000,000. 1965—Pub. L. 89–14 increased appropriation from $12,000,000 to $15,000,000. 1963—Pub. L. 88–230 increased appropriation from $7,500,000 to $12,000,000 and amount available for admin- istrative purposes from $1,000,000 to $1,500,000. 1961—Pub. L. 87–273 increased appropriation to $7,500,000 and amount available for administrative pur- poses to $1,000,000. § 309b. Vocational education funds Notwithstanding any other provision of law, funds provided by the Bureau for adult voca- tional education to any vocational school (as de- fined for purposes of any program of assistance to students under the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.]) may be treated as non-Federal, private funds of such school for purposes of any provision of Federal law which requires that non-Federal or private funds of such school be used in a project or for a specific purpose. (Pub. L. 100–297, title V, § 5403(c), Apr. 28, 1988, 102 Stat. 416.) Editorial Notes REFERENCES IN TEXT The Higher Education Act of 1965, referred to in text, is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§ 1001 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE For effective date and applicability of section, see section 6303 of Pub. L. 100–297, set out as an Effective Date of 1988 Amendment note under section 1071 of Title 20, Education. § 310. Institute of American Indian and Alaska Native Culture and Arts Development (a)(1) To the extent of the availability of funds for such purpose, the Secretary of the Interior shall: (A) enter into a thirty-year agreement with the College of Santa Fe, Santa Fe, New Mex- ico, to provide educational facilities for the use of, and to develop cooperative educational/ arts programs to be carried out with the post- secondary fine arts and museum services pro- grams of, the Institute of American Indian and Alaska Native Culture and Arts Development administered by the Bureau of Indian Affairs; and (B) conduct such activities as are necessary to improve the facilities used by the Institute of American Indian and Alaska Native Culture and Arts Development at the College of Santa Fe. (2) The provisions of this subsection shall take effect on October 1, 1984. (b)(1) The Secretary of the Interior, acting through the Bureau of Indian Affairs, is directed to conduct a study for the purpose of deter- mining the need, if any, for a museum facility to be established for the benefit of the Institute of American Indian and Alaska Native Culture and Arts Development, the feasibility of establishing such museum, and the need or desirability, if any, to establish any such museum in close proximity to the facilities currently being used by such Institute at the College of Santa Fe. (2) On or before February 1, 1985, the Secretary of the Interior shall report the results of such study, together with his recommendations, to the Congress. (3) Should the study recommend establish- ment of a museum, and should the College of Santa Fe be selected as the best site, any agree- ment entered into by the Secretary of the Inte- rior for construction of such museum shall con- tain assurances, satisfactory to the Secretary, that appropriate lands at the College of Santa Fe will be available at no cost to the Federal Government for the establishment of a museum facility.